CHARLESTON — The sisters of an Ohio woman are suing RSCR West Virginia claiming the facility failed to properly care for their mentally handicapped sister.
Penny Farnese and Kelly Welsh are the biological sisters of Sarah Jane Welsh, who suffers from a host of medical conditions, including "severe mental retardation, developmental delays," and seizers, according to a case initially filed in Wood Circuit Court and removed to U.S. District Court for the Southern District of West Virginia.
Sarah Welsh was under the custody of ResCare and entered the residential unit for 24/7 around-the-clock care in April 2020, according to the suit.
The plaintiffs claim between April 2020 and February 2021, ResCare repeatedly failed to truthfully and accurately report Sarah Welsh's symptoms and conditions to her outside medical providers, which caused her to undergo excessive prescription therapies and develop thrombocytopenia and suffer extended blood loss and further deterioration in her condition.
The defendant left Sarah Welsh unsupervised on several occasions in which she suffered injuries from falls and had to be taken to the hospital, according to the suit.
The plaintiffs claim the defendant owed a duty to exercise appropriate medical care and caution and failed to do so.
"Defendant breached the applicable standard of care by failing to appropriately monitor, assist and supervise Sarah Welsh, and to otherwise prevent her from falling and suffering injury," the complaint states. "As a direct and proximate result of the Defendant's negligence, Sarah Welsh was allowed to suffer at least four documented falls while she was a resident at ResCare and suffer severe and traumatic physical, mental and emotional injuries..."
Farnese and Kelly Welsh are seeking compensatory and punitive damages. They are represented by Brian J. Headley, Jason S. Ballard and Jonathan K. Matthews of Headley Ballard in Pearisburg, Va.
U.S. District Court for the Southern District of West Virginia case number: 2:22-cv-00270
